Bronx Slip and Fall Lawyer Fights for You

Also serving accident victims in Westchester, Putnam, Kings, Rockland, and Nassau counties as well as New Jersey

Slip and fall accidents can cause terrible injuries including broken bones, neck injuries, paralysis — even death. If you slip on the ice in the Bronx due to the carelessness or negligence of another person or entity, knowing where to turn for legal help is essential. At the Law Offices of Evan W. Kohn, our Bronx slip and fall lawyer has been fighting passionately for fall victims for more than three decades. Our tenacious legal team relies on expert witnesses to bolster your case and help you get compensation for medical bills, lost income, and other damages so you can rebuild your life.

What to Do after a Slip and Fall Accident

Without warning, a slip and fall accident can change your life forever. The decisions you make in the moments that follow can significantly impact your health as well as your chances of recovering compensation from a legal claim.

Whether you are walking down the street in the Bronx, in a grocery store, restaurant, or someone else’s home, if you slip and fall, you need to act fast. Here are some of the steps you should follow to protect your health and your ability to recover damages from a personal injury lawsuit:

• Call 911 immediately — Following a fall accident, you may experience shock and disorientation. Adrenaline may flood your body causing a delayed reaction to pain. Many fall victims try to get up and “shake it off.” Do not attempt to diagnose your own injuries. Call 911 immediately or ask the property owner to call for medical attention. Seeking prompt medical care can prevent minor conditions from manifesting in serious injuries. Further, seeking medical attention immediately will lend credence to your legal claim for damages.
• Follow your doctor’s orders — After diagnosing your condition, your doctor will provide you with a treatment plan for the future. Listen carefully to everything your physician says and be sure to follow his or her orders. Failure to heed your doctor’s advice can hinder your body’s ability to heal as well as your attempt to collect compensation from the property owner responsible for causing the accident.
• Hire the right lawyer — If you wish to file a claim for compensation, you need a slip and fall lawyer in the Bronx — not a tax lawyer, criminal justice attorney, or real estate lawyer. Resist turning to a relative who “dabbles” in law. You need an experienced counselor who focuses on helping slip and fall victims in the Bronx.
• Tell your lawyer everything — You must disclose everything about the accident to your lawyer. Failure to divulge even the most mundane detail about your slip and fall to your attorney can only hurt your ability to recover a fair settlement.
• Avoid talking to the insurance company without your attorney — Insurance companies are not your friend. They want to resolve your claim as cost effectively and quickly as possible. If an insurer harasses you about signing or settling, direct their calls to your attorney.

Unfortunately, slip and fall accidents are common throughout NYC. In particular, they are a leading cause of injury, hospitalization, and even death among adults 65 and older. If you believe a negligent property owner is at fault for your injuries, seek experienced legal assistance from a local Bronx sidewalk fall injury attorney like Evan W. Kohn as soon as possible.

Who is Responsible When You Slip and Fall in the Bronx?

Each year, many New Yorkers slip and fall on ice, rain, and snow-covered walkways. While many get back up and brush themselves off, others are not so lucky.

A slip and fall accident can cause serious injuries including lacerations, broken bones, neck and spinal trauma, and even death. If you are injured while walking on someone else’s property, you should first seek medical attention. Then, you need to contact a skilled, local slip and fall lawyer in the Bronx like Evan W. Kohn.

Understanding New York’s Pure Comparative Negligence Rule

Imagine this scenario: You are walking down the street on your way to work when you suddenly slip and fall on a patch of snow and ice in front of a local pizzeria. Clearly, the pizzeria is at fault for failing to clear the property of ice and snow, right? While the pizzeria may be mostly at fault for your injuries, if you were engaging in a negligent behavior, the property owner may argue that you were partially at fault for the accident.

For example, if you were texting and walking, the defense may argue that while they are somewhat at fault, you should have been paying attention to where you were going. The state’s pure comparative negligence rule will affect how much compensation you may be entitled to recover for your injuries if your case goes to trial. If the court determines that you were 30 percent at fault for the accident, you will only be able to recover 70 percent of the damages awarded.

Even if your case does not go to trial, your settlement offer will still likely be affected by your level of negligence in the accident. After investigating your case, the insurance company may determine that you deserve less compensation because you were partially responsible for your own injuries.

Establishing Liability

To recover compensation for a slip and fall injury, you must first determine if you have grounds for a valid claim. In order to file a successful slip and fall lawsuit in the Bronx, one of the following must be true:

• The property owner must have caused the dangerous area or surface.
• The property owner must have known of the dangerous area’s existence and failed to remedy it.
• The property owner should have known about the dangerous condition because any reasonable individual would have discovered and repaired the hazardous area.

It is important to remember that you do not have unlimited time to file a premises liability claim. In New York, the statute of limitations for personal injury accidents is 3 years. This means you have three years from the date of your injury to file a lawsuit for compensation.

Determining fault in a slip and fall accident

Winter in the Bronx area and throughout NY can be treacherous, especially for pedestrians. Not only do you have to worry about car accidents, bicycle collisions, and construction accidents, you have to look out for black ice, snow, uneven sidewalks, and other slip and fall hazards.

However, if you trip and fall on a slippery surface, you may have grounds for a legal case. Precedent for an accident claim really depends on whether a reasonable person would have recognized the condition as hazardous, and whether they would have had sufficient time to repair the dangerous surface. Generally, to file a successful slip and fall claim in New York, you must be able to prove the following:

• There was a dangerous condition on the property you were visiting
• You were lawfully allowed on the property
• You suffered an injury because of the dangerous condition
• An owner, manager, or employee of the property was aware of the dangerous condition and a reasonable person in the same situation should have known about and corrected the hazardous surface

When it comes to premises liability cases, having experienced legal help can mean the difference between a positive outcome and an unfair result. At our firm, we work diligently to help you obtain rightful compensation. Realizing the pain your accident may be causing you and your family, we are proud to operate on a contingency fee basis — you pay us nothing unless you receive compensation.

Causes of Slip and Fall Accidents in the Bronx

When a slip and fall accident occurs, the victim has the right to file a premises liability lawsuit. Many people who hear the phrase “slip and fall” think of ice, rain, or other slick surfaces. However, a slip and fall accident can happen virtually anywhere.

Here are some common causes of slip and falls in the Bronx:

• Rain, ice, and snow — Ice and snow are responsible for countless fall accidents each year. Property owners have a duty to remove these weather-related hazards in due time to prevent slip and fall accidents from occurring. In many cases, it is the dreaded “black ice” that causes accident and injury to unsuspecting pedestrians. If a property owner attempts but fails to remedy an icy condition and you are injured, consult a Bronx sidewalk fall injury attorney at law as soon as possible. Depending on the specific details of your case, you may have grounds for a personal injury lawsuit.
• Food spills — Whether in restaurants, grocery stores, or elsewhere, food spills can create serious hazards. Property owners have a duty to remedy food spills as soon as possible and to notify customers and workers of the condition.
• Poorly lit stairwells — Stairwells that lack proper illumination can be more hazardous than ice or food spills. Pedestrians can suffer catastrophic injuries while ascending or descending a dimly lit stairwell.
• Uneven sidewalk slabs — Over time, sidewalk slabs deteriorate and become uneven. If a property owner observes and fails to repair a damaged or uneven sidewalk, and a passerby suffers a slip and fall accident, the victim may be able to file a personal injury claim.
• Debris covered walkways — Debris on sidewalks, construction sites, and other areas, can make travel hazardous for pedestrians.

A slip and fall injury can lead to life-changing injuries and even death. According to the Centers for Disease Control and Prevention, slip and fall accidents are the leading cause of traumatic brain injuries. Furthermore, the CDC estimates that 800,000 people are hospitalized each year because of fall accidents. If you or someone you love suffers a slip and fall injury for any reason, seek prompt medical and legal attention.

Common Injuries Caused by a Bronx Slip and Fall Accident

Ice, debris, poor lighting, and food spills lead to numerous slip and fall accidents each year in the Bronx. While many people believe that fall injuries only affect the elderly, anyone can sustain catastrophic harm as a result of a slip and fall accident.

If you or someone you love is injured because of a negligent property owner, seek medical care. Depending on the cause, location, and many other factors, your condition may be severe. Below are some of the most common injuries caused by slip and fall accidents:

• Cuts and abrasions — Many falls lead to cuts and abrasions which can lead to unsightly wounds and even scarring. While often superficial, these injuries may be indicative of more serious conditions such as broken bones or fractures.
• Soft tissue injuries — Because they occur beneath the skin, soft tissue injuries can remain undetected for some time after a slip and fall accident. Examples include severe sprains, ligament damage, and tendon tears. If left untreated, these injuries can lead to chronic pain.
• Traumatic brain injuries — The Centers for Disease Control and Prevention (CDC) found that falls are the number one cause of traumatic brain injuries or TBIs. TBIs can lead to a wide range of symptoms and can result in permanent disability.
• Fractures and broken bones — According to the CDC, each year at least 300,000 older people are hospitalized for hip fractures as a result of fall accidents. Fractures and broken bones can be excruciatingly painful and can prevent you from working or enjoying life. It is common for slip and fall accidents to cause broken fingers, arms, legs, ankles, and other bones.
• Spinal cord injuries — Severe spinal cord injuries can lead to chronic pain, paralysis and even death. The most serious conditions occur when the spinal cord is severed or compressed. Victims often require lifelong care and treatment.

Make no mistake, slip and falls are not a laughing matter. When they are caused by a careless property owner, victims deserve justice. If you suffer any type of fall injury and believe negligence is to blame, consult with a skilled slip and fall lawyer in the Bronx immediately.

Causes of winter-time slip and fall accidents in the Bronx

While most New Yorkers are used to the frigid weather, snow, and ice that blankets the city every year, slip and fall accidents abound. Sadly, many fall injuries are preventable if only property owners would exercise due care. Some common causes of ice and snow related slip and falls include:

• The City fails to remove snow or ice properly or in time
• Store owners wait too long to remove slush or ice
• Property owners clear snow but fail to de-ice their property
• Leaking water freezes and creates perilous black ice
• Premises owners throw salt or sand but fail to properly remove snow and slush

When you seek our help, we waste no time in processing your case and helping you obtain reimbursement for your injuries. Whether you slip on a patch of ice commuting to work in the winter, or trip on a piece of cracked sidewalk in the spring, you deserve just compensation through a Bronx sidewalk fall injury attorney at law.
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Statute of Limitations for Slip & Fall in New York

A slip and fall accident is a serious matter. Victims may suffer broken bones, contusions, traumatic brain injuries, and even death. If you slip and fall on someone else’s property, first, seek immediate medical attention. After your injuries are diagnosed and stabilized, you must consult with a Bronx slip and fall lawyer if you wish to pursue legal damages.

Under the statute of limitations in New York, you only have 3 years from the date of your injury to file a claim for compensation. After this period passes, you will be barred from recovering damages.

Why take legal action immediately if you have 3 years to do so?

Some people think that because they have 3 years from the date of injury to file a claim, they can wait and take action later on. However, waiting is not good for your legal case. Even if there is a mountain of evidence in your favor, you should file your claim as soon as you can after seeking medical care. You want as much time as possible to consult with your Bronx slip and fall lawyer, review the evidence, and build a strong case for compensation. If you wait, your injuries will heal, details may be fuzzy, and your condition may not be considered that serious.

Understanding New York’s comparative negligence rule

When it comes to slip and falls and other personal injury accidents, New York follows a comparative negligence rule. This rule diminishes the amount of compensation you are entitled to receive based on your level of negligence in the accident. For example, if, while looking down at your phone, you failed to notice the uneven patch of sidewalk in front of you and slipped and fell as a result, the court might find you to be 30 percent at fault for your accident, and the property owner 70 percent at fault. If the total award for your injuries was $10,000, you would receive $7,000 — $10,000, minus $3,000 for your 30 percent level of fault.

Mistakes that Can Jeopardize a Bronx Slip and Fall Case

Millions of Americans are affected by slip and fall accidents each year. Injuries can range from minor bumps and bruises to debilitating conditions that can last a lifetime.

If you are hurt in a slip and fall accident, you need professional help. Failing to follow proper protocol after your injury can severely damage your chances of recovering rightful compensation.

Here are four mistakes that can jeopardize your premises liability cases in the Bronx:

• Failing to seek prompt medical attention — It is vital to your health as well as your legal case that you see a doctor immediately after your fall. No matter where the accident takes place, if you are injured, promptly request medical care. If you fail to seek medical attention, the defense may argue that your injuries are not as serious as you claim. Additionally, it is important that you follow your doctor’s orders closely.
• Failing to file a claim within the statute of limitations — If you do not file your claim within the statute of limitations for the State of New York, you may be barred from recovering any damages. For personal injury claims, you have 3 years from the date of your accident to file a lawsuit. The longer you wait to file your claim, the less legitimate your case may appear.
• Proceeding without an attorney — After seeking medical attention, hiring an experienced Bronx slip and fall lawyer is the single most important decision you can make after being involved in a slip and fall accident. Your lawyer can quickly protect your rights, explain the process ahead, and ensure you file your claim within the statute of limitations. Whether your case goes to trial, or is settled out of court, your attorney can protect your best interests at every turn.
• Signing anything without your lawyer’s advice — It is imperative that you do not agree to or sign anything without first consulting your attorney. Depending on the circumstances of your case, an insurance agent may offer you a low-ball settlement in order to “wrap up” your case as quickly and cost-effectively as possible.

Navigating New York personal injury law can be a difficult and unforgiving process. Fortunately, with the guidance of a skilled slip and fall lawyer, you can sidestep pitfalls and file a claim for fair compensation.

Bronx Slip and Fall Lawyer Upholds your Rights

The The Law Offices of Evan W. Kohn is committed to helping slip and fall victims recover fair compensation for medical bills, pain and suffering, and other damages. We understand that your injuries may be severe, and our slip and fall lawyer in the Bronx is ready to work tirelessly to help you fight back.

Call 718-409-5500 or contact us today to schedule a free initial consultation with a highly respected sidewalk fall injury attorney at law at our Bronx office. We are also offering legal services to upstate locations, including Delaware County and Ulster County.